Was Not Told I Was an "Independent Contractor"

[dramagirl]

My question involves independent contractors in the state of: Oregon

I was "hired" this past summer to be a assistant director/stagemanager/ and acting coach for a children's theatre production. However, I was not told I was considered an independent contractor. I did sign a contract which said my duties, and hours, which I did not come up with, my client did. I was paid a lump sum at end of the assignment. Since I've never been a contractor before, I didn't know how it all worked. During the duration of the assignment, I believe I was treated more like an employee. When I found out what I was considered, after everything, I was very upset and felt betrayed.
I do not wish to report it, because it would hurt the company very much, and I couldn't do that to the kids that are involved.
Any comments, suggestions, or advice would be greatly appreciated.

[aardvarc]

Almost ALL employees involved in single theatre productions are independent contractors - everyone from the actors to the production crew to the stage manger (I'm a former stage manager and producer myself). This is very different from performers and crew in long term shows or in a revolving schedule of shows such as might be found at a dinner theatre, a theme park, on a cruise ship, etc. (and often such persons are members of unions - sometimes by choice, sometimes by necessity). It's the nature of the beast in theatre that on your show's closing night you are unemployed - which is the very reason that after a very successful multi-year stage managing stint, I left for greener pastures where I wasn't forced to have wild swings from feast to famine. Not getting a regular paycheck, but instead being paid for your services at the end of your contracted obligation is the biggest clue as to what the nature of your services were considered by the contracting client (note that even you call them a client, and not your employer). It's a good thing if they were able to integrate you with their production to the point where you emotionally felt accepted like an employee (believe me, it doesn't always go that way), but, that doesn't change the legal nature of your relationship to the client (for example, your time with them didn't contribute to social security or credit your unemployment bank).

I'm not sure who it is that you'd "report them" to, but from what you've described, it would seem very clear that this was NOT what most people would consider a typical employer/employee relationship, but rather a contract to be paid for a specific service for a specific time for an agreed upon price.

[dramagirl]

I appreciate your experience knowledge and your opinion.
Don't you think I should have been told what they considered me as? It was as if I had no choice. I know that Theatre is usually run in that way (now), but since I've never worked for any company before in this way, and they knew that, don't you think what they did was wrong? Don't you think they should have told me as was their client and not their employee?
Also, under the "common law" guidlines, in the theatre realm (ie director telling you what to do) should an "independent contractor", unless they work independantly without guidance be even considered that? I personally think they shouldn't.
Also, this "position" with their company was supposed to continue throughout the year.....doesn't an independant contractor have other clients besides just one?
???????????????????

[aardvarc]

Don't you think I should have been told what they considered me as? It was as if I had no choice.

The contract you signed, if it set out a length or parameter of the period of employment in exchange for some agreed upon compensation would in itself indicate contractor status. And you might not have had a choice but to accept the terms of the contract or not take the position, but it's the employer's right, and well as yours, to agree to or to re-negotiate until both sides are satisfied with the terms or for either side to simply say "thanks but no thanks".

I know that Theatre is usually run in that way (now), but since I've never worked for any company before in this way, and they knew that, don't you think what they did was wrong?

The obligation to understand the nature of an agreement you enter into is up to you, not to the employer. Yes, they might have taken advantage of your niavete, but you could have also taken the contract to someone who could help translate it to provide you with a better understanding of it's terms before committing; and legally, assuming that you are an adult, the burden falls on you to understand before you sign. So what they did might have been morally wrong, but that doesn't make it legally wrong or open them to any liability unless they somehow breeched the terms of the contract.

Don't you think they should have told me as was their client and not their employee? Also, under the "common law" guidlines, in the theatre realm (ie director telling you what to do) should an "independent contractor", unless they work independantly without guidance be even considered that? I personally think they shouldn't.
Also, this "position" with their company was supposed to continue throughout the year.....doesn't an independant contractor have other clients besides just one?
???????????????????

Independent contractors often have absolutely no difference from regular/other employees, other than the length of their employment, and how or when they are paid. They can, and often do, function just like everyone else - subject to the same working conditions, schedules, rules, accountability, duties, chain of command, and every other aspect of doing the job. Even in other professions like computer programmers, it's common for half or more of the workforce to be independent contractors, but if you were there in the office working with them, you'd never be able to tell who was and who wasn't. Nothing in the nature of the work itself distinguishes an independent contractor from an employee (except in cases where liability or similar issues might arise - for example if only employees are covered under a company insurance policy, independent contractors might not be allowed to drive company vehicles).

Some independent contractors have lots of clients, and some have only one client at a time - either because their committment of time leaves no room for other clients, or because they are contractually obligated to not work for another client at the same time (or cannot work for a competitor company at the same time or for a specified time, as is common in the case of the computer programmer example).

Without actually seeing the exact agreement, it's hard to tell much - but you can always seek out an employment attorney for an initial (usually free) consultation to help determine if the contract was valid and carried out as agreed.